April 19, 2011 – Federal Register Recent Federal Regulation Documents
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Notice Inviting Proposals for Taking Ownership and Operation of the TEACH Campaign
The U.S. Department of Education (Department) has set a goal for the United States to lead the world in completion of postsecondary education by 2020. The Department recognizes that the most significant in-school-factor in a student's education is his or her teacher, and wants to encourage a large and diverse group of high-performing individuals to pursue a career in teaching. As one strategy to reach this goal, the Department launched the TEACH Campaigna national teacher recruiting effort with the goal of contributing to a high-performing and more diverse teaching force by linking prospective teachers to opportunities for preparation, licensure, and employment. Through a contract, the Department launched the TEACH Campaign using traditional media, digital media, social networking, and direct outreach and follow-up activities with potential and current teachers, and supported it with a Web-based portal (https://www.teach.gov, and associated social networking accounts with YouTube, Twitter, and Facebook, collectively referred to as the ``Web Portal'') that is available for use by potential and currently employed teachers for free. The TEACH Campaign (i) targets individuals between the ages of 18 and 25, especially those who are potential high- performers and are among populations under-represented in the teaching profession or are individuals interested in teaching English learners, students with disabilities, or in the fields of science, technology, engineering, and mathematics (STEM) in underserved communities (the targeted populations), (ii) strives to enhance public perception of teachers, and (iii) develops support for new and already-practicing teachers. The TEACH Campaign, which is supported through the Web Portal, is based on a comprehensive strategic communications plan, which includes a clear and identifiable ``brand,'' celebrity and teacher public service announcements that are disseminated through multiple formats (e.g., traditional media, digital media, and social networks), and direct outreach and follow-up activities with potential teachers. The Web Portal is designed to improve the recruitment, training, mentoring, retention, and placement of teachers. The Department plans to transfer ownership and operation of the TEACH Campaign, including the recruiting effort and the Web Portal, to an entity or to a group of entities that enter into an agreement to collaborate, form a consortium, or establish a partnership (entity) that works outside of the Federal Government and that would, with its own resources, execute and continuously improve an excellent and effective teacher recruiting effort, continuously improve a highly visible and useful Web Portal, and continue to make the Web Portal available at all times to potential and currently employed teachers for free. Through this notice, we are inviting proposals from entities interested in owning and operating the TEACH Campaign, including the recruiting effort and the Web Portal.
Notice of Final Priorities, Requirements, Definitions, and Selection Criteria
The Assistant Secretary for Elementary and Secondary Education announces priorities, requirements, definitions, and selection criteria under the Enhanced Assessment Instruments Grant program, also called the Enhanced Assessment Grants (EAG) program. The Assistant Secretary may use one or more of these priorities, requirements, definitions, and selection criteria for competitions in fiscal year (FY) 2011 and later years. We take these actions to focus Federal financial assistance on the pressing need to improve the assessment instruments and systems used by States to accurately measure student academic achievement and growth under the Elementary and Secondary Education Act of 1965, as amended (ESEA).
Arbitration Panel Decision Under the Randolph-Sheppard Act
The Department of Education (Department) gives notice that on October 1, 2010, an arbitration panel rendered a decision in the matter of James Swartz v. Alaska Department of Labor and Workforce Development, Division of Vocational Rehabilitation, Case no. R-S/08-11. This panel was convened by the Department under 20 U.S.C. 107d-1(a), after the Department received a complaint filed by the petitioner, James Swartz.
Arbitration Panel Decision Under the Randolph-Sheppard Act
The Department of Education (Department) gives notice that on December 15, 2010 an arbitration panel rendered a decision in the matter of Richard Thelen v. Michigan Commission for the Blind, Case no. R-S/08-7. This panel was convened by the Department under 20 U.S.C. 107d-1(a), after the Department received a complaint filed by the petitioner, Richard Thelen.
Energy Conservation Program for Consumer Products: Notice of Petition for Waiver of Samsung Electronics America, Inc. From the Department of Energy Residential Clothes Washer Test Procedure, and Grant of Interim Waiver
This notice announces receipt of and publishes the Samsung Electronics America, Inc. (Samsung) petition for waiver and application for interim waiver (hereafter, ``petition'') from specified portions of the U.S. Department of Energy (DOE) test procedure for determining the energy consumption of clothes washers. Today's notice also grants an interim waiver of the clothes washer test procedure. Through this notice, DOE also solicits comments with respect to the Samsung petition.
Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to LG From the Department of Energy Residential Clothes Washer Test Procedure
The U.S. Department of Energy (DOE) gives notice of the decision and order (Case No. CW-018) that grants to LG Electronics U.S.A., Inc. (LG) a waiver from the DOE clothes washer test procedure for determining the energy consumption of clothes washers for the basic models set forth in its petition for waiver. Under today's decision and order, LG shall be required to test and rate these clothes washers with larger clothes containers using an alternate test procedure that takes the larger capacities into account when measuring energy consumption.
Energy Conservation Program: Certification, Compliance, and Enforcement for Consumer Products and Commercial and Industrial Equipment
The U.S. Department of Energy (DOE or the ``Department'') proposes to amend the compliance dates for revisions to its certification, compliance, and enforcement regulations for certain commercial and industrial equipment covered under the Energy Policy and Conservation Act of 1975, as amended (EPCA or the ``Act''). Specifically, DOE is tentatively proposing an 18-month extension to the compliance date for the certification provisions for commercial refrigeration equipment; commercial heating, ventilating, air- conditioning (HVAC) equipment; commercial water heating equipment; walk-in coolers; walk-in freezers; and automatic commercial ice makers. DOE is also considering extending the compliance date for the certification provisions for other commercial equipment based on comments.
Environmental Management Site-Specific Advisory Board, Portsmouth
This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Portsmouth. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.
Credit for Renewable Electricity Production, Refined Coal Production, and Indian Coal Production, and Publication of Inflation Adjustment Factors and Reference Prices for Calendar Year 2011
The 2011 inflation adjustment factors and reference prices are used in determining the availability of the credit for renewable electricity production, refined coal production, and Indian coal production under section 45.
Environmental Management Advisory Board
This notice constitutes an open call to the public to submit nominations for membership on the Environmental Management Advisory Board.
User Fees Relating to Enrolled Agents and Enrolled Retirement Plan Agents
This document contains amendments to the regulations relating to the imposition of user fees for enrolled agents and enrolled retirement plan agents. The final regulations lower the initial enrollment and renewal of enrollment user fees for enrolled agents and enrolled retirement plan agents and separate the enrolled retirement plan agent user fees from the enrolled agent user fees. The final regulations affect individuals who are, or apply to become, enrolled agents or enrolled retirement plan agents.
Environmental Management Site-Specific Advisory Board, Nevada
This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Nevada. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.
Privacy Act of 1974; Report of a New System of Records
In accordance with the requirements of the Privacy Act of 1974, the HHS OGAPA is proposing to establish a new system titled, ``HHS Consolidated Acquisition Solution (HCAS), System No. 09-90- 0411.'' As an IT investment, HCAS is monitored by the HHS IT Investment Review Board (ITIRB). In addition to the ITIRB oversight, HCAS is monitored by the HHS/ASFR Office of Grants and Acquisition Policy and Accountability (OGAPA). At HHS, there were seven different systems in place to support the people who make buyingprocurementpossible. The HHS Consolidated Acquisition System (HCAS) is an initiative to reduce the number of duplicative acquisition systems, thereby streamlining and standardizing our procurement processes and systems across the Department. The use of disparate systems complicates all interfaces to financial, inventory, and other systems that HHS has or will employ. HCAS replaced varying Procurement Request Information System (PRISM) configurations that existed across HHS, and replaced legacy acquisition systems and manual processes necessary for capturing HHS acquisition transactions for integration with the Unified Financial Management System (UFMS). We are also proposing routine uses for this system of records.
Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program
The FTC and DOJ (the ``Agencies'') are proposing an enforcement policy regarding the application of the antitrust laws to health care collaborations among otherwise independent providers and provider groups, formed after March 23, 2010, the date on which the Patient Protection and Affordable Care Act was enacted, that seek to participate, or have otherwise been approved to participate, as accountable care organizations (ACOs) under the Medicare Shared Savings Program, Section 3022 of the Affordable Care Act (Patient Protection and Affordable Care Act, Public Law 111-48 (2010) and the Health Care and Education Reconciliation Act of 2010, Public Law 111-52 (2010)).
Notice of Decision To Authorize the Importation of Fresh Rambutan Fruit From Malaysia and Vietnam
We are advising the public of our decision to authorize the importation into the continental United States of fresh rambutan fruit (Nephelium lappaceum) from Malaysia and Vietnam. Based on the findings of a pest risk analysis, which we made available to the public for review and comment through a previous notice, we believe that the application of one or more designated phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh rambutan fruit from Malaysia and Vietnam.
Proposed Collection; Comment Request for Form 1028
The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 1028, Application for Recognition of Exemption Under Section 521 of the Internal Revenue Code.
Proposed Collection; Comment Request for Form 990-BL; Schedule A (Form 990-BL), Form 6069
The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 990-BL, Schedule A (Form 990-BL), Information and Initial Excise Tax Return for Black Lung Benefit Trusts and Certain Related Persons, and Form 6069, Return of Excise Tax on Excess Contributions to Black Lung Benefit Trust Under Section 4953 and Computation of Section 192 Deduction.
Proposed Collection; Comment Request for Form 8848
The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8848, Consent to Extend the Time To Assess the Branch Profits Tax Under Regulations Sections 1.884-2(a) and (c).
Proposed Collection; Comment Request for Form 8233
The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8233, Exemption From Withholding on Compensation for Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual.
Takes of Marine Mammals Incidental to Specified Activities; Harbor Activities Related to the Delta IV/Evolved Expendable Launch Vehicle at Vandenberg Air Force Base, CA
NMFS has received an application from United Launch Alliance (ULA), for an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by harassment, incidental to conducting Delta Mariner operations, cargo unloading activities, and harbor maintenance activities related to the Delta IV/Evolved Expendable Launch Vehicle (Delta IV/EELV) at south Vandenberg Air Force Base, CA (VAFB). Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to ULA to incidentally harass, by Level B harassment only, three species of marine mammals during the specified activity.
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Approved Sector Monitoring Service Providers
This notice announces that the Administrator, Northeast Region, NMFS (Regional Administrator) has approved five service providers who applied as eligible to provide dockside and/or at-sea monitoring services to Northeast (NE) multispecies sectors in FY 2011. Amendment 16 to the NE Multispecies Fishery Management Plan (FMP) expanded sector management in the NE multispecies fishery, including a requirement for independent, third-party dockside and at-sea monitoring of sector trips beginning in fishing years (FY) 2010 and 2012, respectively; however, sectors could elect to have an at-sea monitoring program starting in FY 2010. Regulations implementing Amendment 16 require such third-party monitoring service providers to apply to, and be approved by, NMFS in a manner consistent with the Administrative Procedure Act in order to be eligible to provide dockside and/or at-sea monitoring services to sectors. The regulations specify application requirements and criteria for the approval of service providers, which potential providers must demonstrate their compliance with as part of an application for approval by NMFS. Consistent with these regulatory requirements, the Regional Administrator received and reviewed applications from five monitoring service providers for approval to provide dockside and/or at-sea monitoring services to NE multispecies sectors in FY 2011.
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that NMFS has received a scientific research permit application request relating to salmonids listed under the Endangered Species Act (ESA). The proposed research is intended to increase knowledge of the species and to help guide management and conservation efforts. The application and related documents may be viewed online at: https://apps.nmfs.noaa.gov/preview/previewopen forcomment.cfm. These documents are also available upon written request or by appointment by contacting NMFS by phone (707) 825-5186 or fax (707) 825-4840.
Notice and Recordkeeping for Use of Sound Recordings Under Statutory License
The Copyright Royalty Judges are proposing to amend their regulations to provide reporting of uses of sound recordings performed by means of digital audio transmissions pursuant to statutory license for the period April 1, 2004, through December 1, 2009.
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that NMFS has received eight scientific research permit application requests relating to Pacific salmon. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts. The applications may be viewed online at: https:/ /apps.nmfs.noaa.gov/preview/previewopenforcomment.cfm.
Notice of Submission for OMB Review
The Director, Information Collection Clearance Division, Information Management and Privacy Services, Office of Management, invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Submission for OMB Review; Comment Request
On April 13, 2011, the Department of Education published a 30- day comment period notice in the Federal Register (Page 20635, Column 3) seeking public comment for an information collection entitled, ``Study of the Distribution of Teacher Effectiveness.'' The title is hereby corrected to ``Teacher Quality Distribution Study.'' The Director, Information Collection Clearance Division, Information Management and Privacy Services, Office of Management, hereby issues a correction notice as required by the Paperwork Reduction Act of 1995.
Approval and Promulgation of State Implementation Plans; State of Colorado; Interstate Transport of Pollution Revisions for the 1997 PM2.5
EPA is proposing to approve portions of a State Implementation Plan (SIP) revision submitted by the State of Colorado for the purpose of addressing the ``good neighbor'' provisions of Clean Air Act (``Act'' or ``CAA'') section 110(a)(2)(D)(i) for the 1997 8-hour ozone National Ambient Air Quality Standards (``NAAQS'' or ``standards'') and the 1997 fine particulate matter (``PM2.5'') NAAQS. This SIP revision addresses the requirement that the State of Colorado's SIP (``Interstate Transport SIP'') have adequate provisions to prohibit air emissions from adversely affecting another state's air quality through interstate transport. In this action, EPA is proposing to approve the Colorado Interstate Transport SIP provisions that address the requirement of section 110(a)(2)(D)(i) that emissions from Colorado sources do not significantly contribute to nonattainment of the 1997 PM2.5 NAAQS in any other state, interfere with maintenance of the 1997 PM2.5 NAAQS by any other state, or interfere with any other state's required measures to prevent significant deterioration of air quality for the 1997 PM2.5 and 8-hour ozone NAAQS. This action is being taken under section 110 of the CAA.
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that NMFS has received an application for a permit to conduct research for scientific purposes from the United Water Conservation District (United) in Santa Paula, California. The requested permit would affect the endangered Southern California (SC) Distinct Population Segment (DPS) of steelhead (Oncorhynchus mykiss). The public is hereby notified of the availability of the permit application for review and comment before NMFS either approves or disapproves the application.
SFIREG POM Working Committee; Notice of Public Meeting
The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG), Pesticide Operations and Management (POM) Working Committee will hold a 2-day meeting, beginning on May 16, 2011 and ending May 17, 2011. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.
Missouri Disaster Number MO-00047
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Missouri (FEMA-1961-DR), dated 03/23/2011. Incident: Severe winter storm and snowstorm. Incident Period: 01/31/2011 through 02/05/2011. Effective Date: 04/11/2011. Physical Loan Application Deadline Date: 05/23/2011. Economic Injury (EIDL) Loan Application Deadline Date: 12/23/2011.
Data Collection Available for Public Comments and Recommendations
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Small Business Administration's intentions to request approval on a new and/or currently approved information collection.
Meeting of the Defense Advisory Committee on Military Personnel Testing
Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the Department of Defense announces that the following Federal advisory committee meeting will take place: 1. Name of Committee: Defense Advisory Committee on Military Personnel Testing. 2. Date: Thursday, May 19, 2011 and Friday, May 20, 2011. 3. Time: From 8:30 a.m. to 4 p.m. on Thursday and 8:30 to Noon on Friday. 4. Location: The meeting will be held at the Hyatt Miami at the Blue, 5300 NW. 87th Avenue, Miami, FL 33178. 5. Purpose of the Meeting: The purpose of the meeting is to review planned changes and progress in developing computerized and paper-and- pencil tests for enlistment. 6. Agenda: The agenda includes an overview of current enlistment test development timelines and planned research for the next 3 years. 7. Public's Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b and 41 CFR 102-3.140 through 102-3.165, and the availability of space, this meeting is open to the public. 8. Committee's Designated Federal Officer or Point of Contact: Dr. Jane M. Arabian, Assistant Director, Accession Policy, Office of the Under Secretary of Defense (Personnel and Readiness), Room 3D1066, The Pentagon, Washington, DC 20301-4000, telephone (703) 697-9271.
Ivyl W. Wells: Debarment Order
The Food and Drug Administration (FDA) is issuing an order under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) permanently debarring Ivyl W. Wells, MD from providing services in any capacity to a person that has an approved or pending drug product application. FDA bases this order on a finding that Dr. Wells was convicted of multiple felonies under Federal law for conduct relating to the regulation of a drug product under the FD&C Act. Dr. Wells was given notice of the proposed permanent debarment and an opportunity to request a hearing within the timeframe prescribed by regulation. Dr. Wells failed to respond. Dr. Well's failure to respond constitutes a waiver of his right to a hearing concerning this action.
Public Land Order No. 7762; Extension of Public Land Order No. 6845; New Mexico
This order extends the withdrawal created by Public Land Order No. 6845 for an additional 20-year term. This extension is necessary to continue protection of the archaeological values at the Arroyo del Tajo Pictograph Site in Socorro County, New Mexico.
North Dakota; Amendment No. 1 to Notice of an Emergency Declaration
This notice amends the notice of an emergency declaration for the State of North Dakota (FEMA-3318-EM), dated April 7, 2011, and related determinations.
Rio Grande National Forest, Divide Ranger District; Mineral County, CO; Village at Wolf Creek Land Exchange
The Rio Grande National Forest is preparing an Environmental Impact Statement to analyze the environmental effects of the proposed Village at Wolf Creek Land Exchange. This project includes the conveyance of approximately 177 acres of a non-Federal land parcel owned by the Leavell-McCombs Joint Venture (LMJV) to the United States in exchange for National Forest System lands totaling approximately 204 acres. The non-Federal parcel is located in T37N., R2E., NMPM, Mineral County, CO, Sections 4, 5, 8 and 9, a portion of Tract 37. The Federal parcel is located in T37N., R2E., NMPM, Mineral County, CO, Sections 3, 4, 5, and 9.
Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Prize Competitions and Contests
The U.S. Consumer Product Safety Commission (``CPSC'' or ``Commission'') is announcing that a proposed collection of information has been submitted to the U.S. Office of Management and Budget (``OMB'') for review and clearance under the Paperwork Reduction Act of 1995.\1\
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